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UNITED STATES v. HERLING

Nos. 319-323.

120 F.2d 236 (1941)

UNITED STATES v. HERLING, and four other cases.

Circuit Court of Appeals, Second Circuit.

June 2, 1941.

Attorney(s) appearing for the Case

Mathias F. Correa, U.S. Atty., of New York City (Robert L. Werner, Asst. U.S. Atty., of New York City, on the brief), for the United States.

James Lipsig, of New York City (Julien D. Cornell and Joseph G. Glass, both of New York City, Morris H. Wolsky, of New York City, and Leonard Lazarus, of Jamaica, L.I., N. Y., on the brief), for appellants.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

PER CURIAM.

The validity of the Selective Training and Service Act of 1940, § 1 et seq., 50 U.S.C.A. Appendix, § 301 et seq., and the regulations thereunder, is clear under the decisions sustaining similar legislation of 1917, 50 U.S.C.A. Appendix, § 201 et seq. Selective Draft Law Cases, 245 U.S. 366, 38 S.Ct. 159, 62 L.Ed. 349, L.R.A. 1918C, 361, Ann.Cas.1918B, 856; Cox v. Wood, 247 U.S. 3

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